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p.4 <br />=-? TITLE 34 <br />MINERAL RESOURCES <br />ARTICLE 33 <br />Colorado Surface Coal Mining Reclamation Act <br />34-33-101. Short title. This article shall be known and may be cited as the "Colorado Surface Coal <br />Mining Reclamation Act". <br />3433-102. Legislative declaration. It is declared to be the policy of this state that surface coal mining <br />operations and the reclamation of land affected by such operations are both necessary and proper activities. <br />The purpose of this article is to assure that the coal required for local and national energy needs and for <br />economic and social well-being is provided and to provide a balance among the protection of the <br />environment, agricultural productivity, and the need for coal as an essential source of energy. It is the <br />intent of the general assembly by the enactment of this article to allow for the continued development of <br />the surface coal mining operations in this state, while requiring those persons involved in surface coal <br />mining operations to reclaim land affected by such operations as potitemporaneo as possible with the <br />surface coal mining operations so that the affected land may be put to a beneficial use. It is the further <br />intent of the general assembly by the enactment of this article to protect society and the environment from <br />the adverse effects of surface coal mining operations, _assurie that theri" of surface landowners and other <br />:. persons with.a legal interest in the land or appurtenances thereto are: fully protected from such operations; <br />assure ccun? operations> are not conducted where reclamation as required by this arttc e <br />'is not feasibto; and to assure that appropriate procedures are provided for. the public. participation m thf <br />development, revision, : and enforcement of regulations, standards, reclamation ply ?ororagrams <br />estab.ts ed by.the state under this article; It is the further intent of the general assembly to promote the <br />rec amation o mined areas a wit o (adequate reclamation prior to the enactment of this article and <br />which continue, in their unreclaimed condition, to substantially degrade the quality of the environment, <br />prevent or damage the beneficial use of land or water resources, or endanger the health or safety of the <br />public, to aid in the protection of wildlife and aquatic resources, and to protect and promote the health, <br />safety, and general welfare of the people;of this state. It is the intent of the general assembly that, in the <br />administration of this article, the small operator be assisted in complying with the provisions of this article, <br />particularly in the areas of bonding, technical and administrative assistance, and timely processing of <br />permit applications. <br />34-33-103. Definitions. As used in this article, unless the context otherwise requires: <br />(1) "Administrator" means the head of the office of mined land reclamation in the division of minerals <br />and geology in the department of natural resources. <br />(2) "Alluvial valley floors" means the unconsolidated stream-laid deposits holding streams where <br />water availability is sufficient for subirrigation or flood irrigation agricultural activities but does <br />not include upland areas which are generally overlain by a thin veneer of coiluvial deposits <br />composed chiefly of debris from sheet erosion, deposits by unconcentrated runoff or slope wash, <br />together with talus, other crass movement accumulation, and windblown deposits. <br />July 1. 1995 1 34.33-101